The Act is organised around recurring regulatory concepts that structure behaviour and liability in residential property transactions.

• Required documents and disclosure: The concept of “required documents” (s 9(1)) drives most seller duties. The list covers title documentation (Crown lease, land titles extracts, deposited plan, registered encumbrances), unit-title documentation (registered units plan, unit title sale certificate, building management statements), lease- and building-related conveyancing documents, inspection reports and asbestos-related documents (s 9(1)(a)-(l)). The Act allows limited exemptions where a seller cannot obtain a document after taking all reasonable steps (s 9(2)(d)).
• Residential property scope and exclusions: “Residential property” is defined to include vacant land with permitted single-dwelling construction, land with up to two residences, and units. Large rural holdings (over 3 hectares), retirement villages, developers’ holding leases and certain other categories are excluded (s 8(1)-(2)).
• Buyer cooling-off and rescission: A statutory cooling-off period exists for most individual buyers (5 working days unless excluded: corporates, tender, auction, buyer recorded at auction, or buyer waiver) (ss 12-13). Rescission mechanics require a signed rescission notice (s 14), and financial consequences are specified: a fixed forfeiture (0.25% of purchase price) and return of remaining deposit (s 15).
• Off-the-plan safeguards: Part 2A creates definitions for off-the-plan contracts, delay and sunset events (s 19A), and prevents automatic contractual rescission on a recission event. Sellers can only rescind under a rescission provision with all buyers’ written consent, a Supreme Court order (ss 19B-19E) or where regulation permits; courts must apply a just and equitable standard with a specified list of factors (s 19D).
• Professional reports and liability: Building and pest inspection reports must be independent of the seller’s family or closely connected persons, and practitioners must hold professional indemnity insurance if required by regulation (s 9(3)). Where a relevant report is false or prepared without reasonable skill and care, the preparer is liable to compensate the buyer (s 19).
• Energy efficiency and adaptable housing labelling: Sellers must provide an energy efficiency rating statement before entering a sale contract (s 23(1)), advertisements for sale must include the energy efficiency rating (s 22), and sellers must identify adaptable housing dwellings in advertising (s 23B).
• Auction procedural controls: The auction rules are procedural and documentary: bidders records including proof of identity, bidder numbers, confidentiality obligations, audible recording of bidder numbers, a prohibition on dummy bidding except as expressly permitted, and clear rules about seller bids (ss 25-34).
• Offences and strict liability: Multiple contraventions are strict liability offences (for example ss 10, 10A, 22, 26-28, 31(2), 32(2), 33(5), 37-38 note strict liability in many places), meaning mens rea is not required for conviction of the offence as to the elements specified as strict liability.

The Act repeatedly cross-references other regime definitions and certificates (for example, Building Act 2004 certificates of occupancy, Dangerous Substances Act asbestos reports, Unit Titles Acts), so the concept of compliance often requires interaction with those external instruments (see s 9, s 19A, Dictionary).

The Act distributes duties and costs across identifiable market actors. The principal affected parties are:

• Sellers of residential property, defined as persons with legal or equitable interests they are entitled to sell (s 7). Sellers bear the primary disclosure and availability obligations (s 10, s 10A), must include specified contract conditions (s 11), must give energy efficiency statements before contract (s 23(1)), and face monetary and criminal penalties for non-compliance (ss 10, 23(3), 37, 38). Sellers also may be restricted in auction behaviour (ss 29-31).
• Buyers and prospective buyers, including prospective grantees of options (s 7). Buyers receive statutory rights: inspection access to required documents (s 10), a cooling-off right and rescission mechanism (ss 12-15), the ability to demand approval of unapproved structures before completion (s 11(1)(d)), and a right to compensation from report preparers for false/negligent reports (s 19). Buyers also bear certain costs: reimbursement of the seller’s first building and pest inspection reports on completion (s 18), and forfeiture on rescission (s 15(2)).
• Real estate agents and auctioneers (agents defined in the Dictionary). Agents must create and retain bidders records (s 25), verify proof of identity before entering bidders as self-bidders or principals (s 26), maintain confidentiality (s 27), and conduct auctions under the standard conditions (s 31A) and display auction conditions (s 32). Agents and auctioneers face significant financial penalties for breaches (ss 26-34).
• Lawyers acting for buyers and sellers. Lawyers are implicated because seller or buyer reliance on legal advisers affects cooling-off waivers and certificate compliance (s 12(5), s 13, s 17). The lawyer must be independent of the seller when certifying that the buyer received legal advice for a waiver (s 17(b)). Lawyers may also be the recipient of service under s 35.
• Inspectors and report preparers (building/compliance inspectors, pest inspectors, asbestos assessors), who must be independent of sellers and hold specified professional indemnity insurance if required (s 9(3)), and who face civil liability to buyers where their reports are false or negligently prepared (s 19).
• Owners corporations (for units) and retirement village operators. Unit sales require unit title sale certificates and common property extracts (s 9(1)(g)), and special timing rules apply to units in retirement villages (s 10A, and s 11(1)(i)(i) lists unit-required documents).
• Developers and off-the-plan sellers. Part 2A imposes a bespoke regime on developers selling units and residences off-the-plan, setting out sunset/delay event definitions, notice and consent obligations, and a court discretion to permit rescission in limited circumstances (ss 19A-19F).
• Territory/Minister and courts. The Minister has decision-making discretion in identifying “eligible impacted property” for buyback programs (s 9A(1)-(2)). The Supreme Court has an explicit gatekeeping role to allow rescission by seller under an off‑the‑plan rescission provision if just and equitable (s 19D).

The Act’s duties impose identifiable compliance costs on sellers and agents (document collation, inspection commissioning, record‑keeping and auction process changes), impose professional obligations on inspectors and lawyers, and create litigation/administrative pathways that courts and the Executive will operate.

The Act creates both positive duties and enforceable rights. Below are the principal operative obligations and entitlements with section references.

Seller duties and warranties

• Make all required documents available for inspection by prospective buyers (or their agents) at all reasonable times when offers may be made (s 10(1)). For units in retirement villages there is a split timetable between “initial required documents” and “later required documents”, with a 14‑day rule before contract for later documents (s 10A(1)-(4)).
• Include a set list of conditions in the contract (or have them implied) including warranties that the property is free of undisclosed encumbrances, that buyers will have vacant possession on completion, remedies where encumbrances or unapproved structures are found, a ban on title requisitions, seller warranties about judgments or threatened claims and remedies for material errors in description (s 11(1)(a)-(h)). The conditions in s 11 are deemed included where omitted (s 11(4)).
• Provide an energy efficiency rating statement to the prospective buyer before contract (s 23(1)), and ensure advertisements include the stated energy efficiency rating (s 22(1)).
• For sales of residences, either obtain and make available a building and compliance inspection report and a pest inspection report (if occupied) dated not earlier than three months before the property was first advertised or listed, or rely on excluded exceptions (s 9(1)(h)(iii)-(iv); s 9(2) carves out class A units, new unoccupied residences, residences built after contract completion etc).
• Provide asbestos assessment reports or asbestos advice where required; if a current asbestos report is absent, provide an asbestos advice as defined under the Dangerous Substances Act 2004 (s 9(1)(i)-(j)).
• Where an off‑the‑plan contract contains a rescission provision, seller must follow the notice and consent process or seek a court order prior to rescission (ss 19B-19D). s 19C requires at least 28 days written notice stating reasons and explaining buyer options.

Buyer rights and duties

• Right to inspect required documents for most residential purchases (s 10).
• Cooling-off right for individual buyers in most contexts (five working days by default), with ability to rescind by giving a signed rescission notice during the period (ss 12-14). Buyers forfeit 0.25% of the purchase price on rescission, recovered from any deposit (s 15(2)-(5)).
• Buyers may waive cooling-off period only with prior legal advice and a lawyer’s certificate complying with s 17 (s 13).
• Buyers must certify receipt in writing on receiving an energy efficiency rating statement (s 23(2)).
• Buyers may recover compensation from the report preparer where a required report or statement is false or prepared without reasonable care and skill, and the buyer incurs loss or expense as a result (s 19).

Agent/auctioneer duties

• Create and maintain a bidders record containing name, address, proof of identity details, whether bidding for self or another, principal’s name and address if bidding for another, an identifying bidder number, and any other regulatory information; retain the record for three years (s 25(1)-(3)).
• Verify proof of identity before entering a person as a self-bidder or as being represented; failure is a 50 penalty unit offence (s 26).
• Keep the bidders record confidential and not use it for other purposes (s 27).
• Take bids only from recorded bidders displaying bidder numbers and audibly acknowledge the bidder number when taking a bid (s 28).
• Prohibit dummy bidding by sellers or persons bidding for sellers (s 29), except for a single seller bid by the auctioneer that meets strict conditions (s 30).

Liability and remedies

• Criminal and administrative penalties are available for non-compliance (see next section). Many offences are strict liability (specified in the Act).
• Buyer remedies under contract law are preserved where the Act does not displace other rights (s 36(2) makes clear the Act does not limit other rights or remedies).
• The Act voids contractual clauses that attempt to exclude or vary its operation (s 36(1)).

Other duties

• Forms approved by the Minister are mandatory where prescribed (s 39). The Executive can make regulations including creating offences up to 10 penalty units (s 40).

The Act deploys a mix of fixed monetary penalties expressed in penalty units, strict liability offences, civil consequences (forfeiture, statutory damages), and court-enforceable rights.

Penalty unit reference and Criminal Code

• The republication records penalty unit values at the republication date: $160 for an individual and $810 for a corporation (front matter; see Legislation Act s 133 for statutory meaning).
• The Criminal Code, ch 2 applies to offences under the Act (s 5), so general principles of criminal responsibility from that Code will be relevant to sentencing and defences (notably the Code’s treatment of mens rea, strict liability and general defences).

Principal penalties (representative list)

• Failure to make required documents available for inspection (s 10(1)): maximum 10 penalty units. The offence is strict liability (s 10(3)).
• Failure by seller of a unit in a retirement village to make initial or later required documents available (s 10A(1), (4)): maximum 10 penalty units; strict liability (s 10A(6)).
• Advertising energy efficiency rating absent a statement: 5 penalty units (s 22(1)); strict liability (s 22(2)).
• Advertising an energy efficiency rating that is false or misleading: 5 penalty units (s 22(3)); strict liability (s 22(5) subject to non-materiality exception in s 22(4)).
• Seller failure to comply with the energy‑rating disclosure (s 23(1)) attracts a statutory payment equal to 0.5% of purchase price payable to buyer (s 23(3)).
• Agent entering bidder without sighting proof of identity or authority: 50 penalty units (s 26(1)-(2)); strict liability (s 26(3)).
• Agent disclosure or improper use of bidders record (s 27): 50 penalty units; strict liability (s 27(3)).
• Auctioneer taking bid from unrecorded bidder or not audibly acknowledging bidder number: 50 penalty units; strict liability (s 28(1)-(2)).
• Dummy bidding (seller or person bidding for seller): 100 penalty units (s 29(1)-(2)); strict liability (s 29(3)). Subsection (5) allows evidence that a bidder intended to benefit the seller to support a finding.
• Auctioneer offences about bids (accepting a bid known to be by or for seller, or acknowledging a non-existent bid): 100 penalty units (s 31(1)-(2)).
• Failure to display auction conditions 30 minutes before auction begins: 50 penalty units (s 32(1)-(2)).
• Publishing last seller bid without identifying it as a seller bid when property passed in: up to 100 penalty units for sellers or agents, 50 penalty units for intermediaries/publishers (s 33(2)-(4)).
• Preventing someone from bidding (intentional disruption): 50 penalty units (s 34).
• Making false or misleading statements in a relevant document (energy efficiency statement, building and compliance report, pest inspection report): up to 100 penalty units for knowing falsehoods or omissions, 50 penalty units for recklessness (s 37(1), (4)). Materiality exceptions apply (s 37(2)-(3), (5)-(6)).
• Giving false or misleading relevant documents: up to 100 penalty units (s 38(1)-(3)), with a defensive signed disclosure exception in s 38(4)-(5).

Other enforcement notes

• Several offences are expressed as strict liability (the Act marks many relevant sections), reducing the need for prosecution to prove subjective fault about the physical elements, though materiality exceptions and other defences may apply (see ss 10, 10A, 22, 26-28, 31(2), 32(2), 33(5), and s 37-38 framework).
• Civil and contractual remedies coexist with statutory remedies. The Act preserves other rights and remedies (s 36(2)).
• The Supreme Court has a defined gatekeeping role for off‑the‑plan rescission under s 19D, and costs rules are specified: the seller must pay the buyer’s costs of a proceeding unless the seller proves the buyer unreasonably withheld consent (s 19D(4)). The Court may make any other order including for damages (s 19D(5)).
• Regulations may themselves create offences up to 10 penalty units (s 40(2)).

Implementation and enforcement therefore can be pursued through regulatory penalties, criminal prosecution under the ACT framework, contractual rescission and civil claims for damages or debt (for example forfeiture under s 15), with procedural gatekeeping by the courts for off‑the‑plan sellers.

The Act deliberately cross-references and embeds obligations that depend materially on other statutory regimes. Compliance requires attention to those interactions.

Building and development law

• The Act references certificates and definitions under the Building Act 2004, including certificate of occupancy and regulated swimming pools (s 20, s 9(1)(k), s 19A(2)). Where building work affects energy efficiency the Building Act definitions affect when a new energy efficiency statement is required (s 23(1)(b); s 23(6) references Building Act s 6 for “building work”).

Planning and land titles

• Definitions and limits on residential property reference the Planning Act 2023 for “sublease” (s 7) and the Planning Act’s definitions and demolition-related approvals interact with the premises exclusions for energy efficiency rating obligations (s 20). Off-the-plan sunset events and certificate-of-compliance references turn on registration with the registrar-general under the Land Titles Act 1925 or Land Titles (Unit Titles) Act 1970 (s 19A(2)).

Asbestos and related buybacks

• The Act incorporates asbestos reporting obligations via the Dangerous Substances Act 2004 definitions for asbestos assessment reports and asbestos advice (s 9(1)(i)-(j), s 9(4)). It also recognises buyback schemes and eligible impacted properties, and gives the Minister scope to determine eligible impacted properties for a buyback program (s 9A). If the Territory is acquiring property under the buyback scheme, Part 2 may not apply (s 6(3)).

Unit title and retirement village legislation

• Unit sales reference required documents and certificates under the Unit Titles Act 2001 and Unit Titles (Management) Act 2011 (s 9(1)(g); Dictionary entries). The sale of units in retirement villages triggers specific disclosure timings in s 10A and tailored required documents in s 11(1)(i)(i) and s 10A(7).

Consumer and professional regulation

• Building and pest inspection reports must meet independence and professional indemnity insurance criteria “if any” prescribed by regulation (s 9(3)). Energy efficiency rating statements are defined under the Construction Occupations (Licensing) Act 2004 (s 20). The Act therefore sits alongside occupational licensing rules for practitioners.

Duties and revenue law

• The Duties Act 1999 definition of “related person” is referenced in s 6(2)(b) to exclude related person transactions from Part 2, and s 15 notes the Duties Act s 50 on any liability for duty in relation to contract rescission consequences.

Forms, regulations and incorporation

• The Act authorises the Minister to approve prescribed forms (s 39) and for regulations to incorporate other laws or instruments as in force from time to time (s 40(3)), so regulators can tie in standards from other statutes.

Interpretation and limitation

• Section 36(1) voids any contract clause or agreement that would exclude, change or restrict the operation of this Act; subsection (2) preserves any other right or remedy available outside the Act. This means the Act is intended to be a non-excludable statutory layer that sits over normal private ordering.

Practitioners must therefore check and reconcile requirements across the Building Act, Planning Act, Dangerous Substances Act, Unit Titles Acts, Construction Occupations licensing rules, Duties Act and the Legislation Act for penalty and form treatment. Several essential definitions are signposted to external statutes (s 3 notes), so compliance involves cross‑statutory due diligence.

The Act’s text in force is the result of iterative amendments since commencement. Key mechanical stages in the Act’s evolution, taken from the Act’s endnotes and legislation history, are:

• Enactment and commencement: Civil Law (Sale of Residential Property) Act 2003 (A2003-40) notified 8 September 2003; major provisions commenced 1 July 2004 (endnote 3).
• Early conveyancing, inspection and building-related amendments: a substantial set of early amendments were made by the Construction Occupations and Justice and Community Safety Acts in 2004 (A2004-13 and A2004-32) that added and restructured parts of Part 2, including definitions and required document lists (endnote 3, Amendment history s 9 amendments listed).
• Asbestos-focused amendments: Asbestos Legislation Amendment Acts in 2006 (A2006-16 and A2006-24) inserted asbestos-related definitions and reporting references (endnote 3, s 9 references and s 9A insertion later).
• Unit title and retirement village sequencing: amendments tied to changes in unit title and retirement village regimes were made through the Unit Titles (Management) Act 2011 (A2011-41) and Retirement Villages Act processes (A2013-7), which influenced required unit documentation and timing (endnotes 3 and 4).
• Loose-fill asbestos and buyback measures (2015): Loose-fill asbestos-related amendments, and explicit buyback scheme references (including s 9A definitions for eligible impacted property and buyback program) were inserted by A2015-42 and related Acts (endnotes 3 and 4).
• E-conveyancing and electronic titles: Land Titles (Electronic Conveyancing) and related amendments in 2020 (A2020-16) updated cross-references and operational aspects to align with electronic conveyancing regimes (endnotes).
• Off-the-plan regime (2021): Part 2A (ss 19A-19F) was inserted by the Civil Law (Sale of Residential Property) Amendment Act 2021 (A2021-32), introducing the statutory framework for sunset dates, delay events, rescission provisions, notice requirements, and a Supreme Court role (endnote 4: “Pt 2A ins A2021-32 s 7”). Transitional provision s 50 applied the Part to existing off‑the‑plan contracts; Part 2A contains a review requirement and has an expiry mechanism (s 19F expiring 5 years after commencement per amendment history).
• Adaptable housing and energy-rating adjustments: Amendments from A2020-4 and subsequent Acts introduced adaptable housing advertising requirements (Part 3A s 23B) and refined the energy efficiency rating statement requirement (Part 3, s 23).
• Auction and proof-of-identity tightening, and other consumer measures: Amendments across 2008-2024 updated auction procedure, bidders record obligations and confidentiality (s 25 onwards), and introduced stricter offences for false/misleading statements and documents (ss 37-38).
• Recent legislative updates up to 2025: The Act records later amendments, including by A2023-6, A2024-29, A2024-36 (awaiting commencement for some schedules) and A2025-22, which made incremental changes across definitions, retirement village interactions, and licensing cross‑references (see endnotes 3 and 4 for the chronological list).

The endnotes provide a detailed mapping of each amendment, the amending Act, and the specific sections affected. Practitioners should consult the endnotes in this republication for precise amending instruments and commencement dates (endnotes 3 and 4).

The Act’s text and endnotes do not list judicial decisions or reported litigation that interpret its provisions. The statutory design incorporates judicial involvement in specific circumstances, however:

• Supreme Court gatekeeping under the off-the-plan regime: The Act expressly provides the Supreme Court power to permit sellers to rescind an off-the-plan contract under a rescission provision if it is “just and equitable” and the seller satisfies statutory factors (s 19D). The Court must consider factors such as whether the seller acted unreasonably or in bad faith, whether factors beyond the seller’s control affected completion, prospects of completion, the effect of rescission on buyers, and whether buyers have been performing obligations (s 19D(3)(a)-(k)). The Court may award costs and other orders (s 19D(4)-(5)).
• Enforcement routes and likely disputes: The Act creates statutory rights (for example rescission mechanics s 14-15, damages against report preparers s 19, statutory payments for energy statement failures s 23(3)), each of which is acquirable through civil litigation. For example, enforcement of forfeiture (0.25% of purchase price) on rescission is a debt recoverable by sellers (s 15(3)-(4)) and returnable by sellers to buyers where due (s 15(6)); disputes about entitlement and calculation can be expected to be litigated in contract or equity jurisdictions.
• Administrative enforcement: Regulatory enforcement for offences (strict liability in many instances) may proceed under ACT criminal or administrative enforcement frameworks; the Criminal Code applies to offences (s 5).

Because the republication contains no case law annotations, users should search case law databases for decisions applying ss 9-19 (document-related disputes), Part 2A (off‑the‑plan rescission), and auction offences if precedents are required. The Act’s design anticipates judicial interpretation in contested applications of s 19D and in enforcement of strict liability offences where materiality exceptions are invoked.

Practical pitfalls and compliance traps are concentrated in a few predictable places; the mechanisms below are grounded in specific sections.

Strict liability offences and materiality exceptions

• A number of offences are strict liability, meaning an honest mistake may not be a complete defence (see, for example, s 10(3) for availability of required documents, s 22(2) for advertising, s 26(3) for bidder identity entry, s 27(3)). Materiality exceptions exist in some provisions (for instance s 22(4) and s 37(2)-(3)), but the burden and proof dynamics differ when strict liability applies. Practitioners must assume low tolerance for inadvertent omissions.

Document availability versus “reasonable steps”

• s 9(2)(d) allows that a document is not required if the seller cannot obtain it after taking “all reasonable steps”. What counts as reasonable is fact-dependent. Sellers relying on this exception should document the steps taken and preserve correspondence with lawyers, registries and inspectors, because s 10(2) offers a narrow lawyer-reliance defence only where the lawyer failed to give documents to a seller who reasonably believed they had them.

Inspector independence and insurance

• Building and compliance inspection reports and pest reports must be prepared by persons not family-related or economically tied to the seller (s 9(3)(a)), and holding professional indemnity insurance “if any” is required by regulation (s 9(3)(b)). Sellers who use in-house consultants, friends, or firms with profit links risk invalidating the independence requirement and exposure to s 19 liability. The “if any” qualifier means the regulations determine insurance thresholds; check the regulations.

Buyer costs and timing

• Buyers reimburse the seller for “the cost of obtaining” the first building and pest reports on completion (s 18(1)). Buyers should anticipate this cost in finance arrangements; sellers will be able to recover cost from deposits or pursue the balance as a debt (s 18(1) and the general debt recovery framework).
• Buyers must certify to having received an energy efficiency statement (s 23(2)) and may be entitled to statutory compensation if the seller fails to provide the statement (0.5% of purchase price, s 23(3)). Timing errors may create unexpected monetary entitlements.

Rescission monetary effect and agent commission

• Rescission during the cooling-off period triggers a 0.25% forfeiture by the buyer (s 15(2)); agencies must note that agents lose commission where the contract is rescinded under s 11 conditions or s 14 cooling-off rescission (s 16). Sellers intending to rely on agent commission should build contract terms and client advice to account for this.

Off-the-plan rescission traps

• Off-the-plan rescission provisions do not operate automatically (s 19E). Sellers may only rescind under a rescission provision if all buyers consent in writing, the Supreme Court permits rescission (s 19B), or regulations provide otherwise. s 19C requires 28 days’ written notice specifying reasons and explaining buyer options. Courts will weigh factors including seller conduct, prospects of completion, increase in value of land/units and buyer impact (s 19D(3)(a)-(k)); sellers who try to use contractual sunset clauses to effect automatic rescission may find themselves blocked and subject to costs liabilities.

Auction identification and seller bids

• A seller or seller’s agent cannot engage in dummy bidding (s 29) other than the narrowly permitted single seller bid where conditions are declared and identified audibly as “seller bid” at the moment of bidding (s 30). Auctioneers who accept or acknowledge non-existent bids face a 100 penalty unit maximum (s 31). Agents must audibly acknowledge bidder numbers on each bid (s 28(1)(b)), which introduces procedural constraints at auctions.

Confidentiality and bidders records

• Bidders records must be kept for three years (s 25(3)), and disclosure or use outside auction-related purposes is penalised (s 27). Agents must adopt record-keeping and privacy practices aligned to these constraints, and any misuse or improper disclosure can be a criminal offence (s 27).

Interplay with external certificates and definitions

• Many obligations require or refer to external certificates (certificate of occupancy, asbestos assessment reports, unit title sale certificates, deposited plans). Non-compliance or mismatches across regimes can create legal risk; for example energy rating obligations are unaffected by demolition approvals under the Planning Act (s 20 exclusions), so verifying concurrent statutory positions is necessary.

Forms and ministerial regulations

• Approved forms are mandatory where specified (s 39(2)); regulations can create new offences or incorporate other instruments (s 40). Failure to adopt prescribed forms or to check newly released regulations could leave parties exposed.

Who bears costs and who decides

• Buyers pay for first-reports reimbursement on completion (s 18), buyers forfeit a small percentage on rescission (s 15), report preparers face direct liability to compensate buyers for negligent or false reports (s 19). The Minister has discretionary decision-making for eligible impacted property determinations (s 9A), and the Supreme Court is the final arbiter for certain off-the-plan rescissions (s 19D).

This section gives an operational checklist for each principal actor, referencing the Act’s sections.

Sellers (individual and corporate)

• Compile the required documents listed in s 9(1)(a)-(l) before the property is first advertised or listed. For units, include registered units plan, current unit title sale certificate (s 9(1)(g)(i)(B)), owners corporation building management statements where applicable (s 9(1)(g)(i)(C)).
• If selling a unit in a retirement village, observe timing distinctions: initial required documents must be available upon inspection (s 10A(1)), later required documents must be available 14 days before contract unless the buyer agrees otherwise (s 10A(2)-(3)).
• Obtain building and compliance inspection reports and pest inspection reports dated not earlier than three months before first advertisement or listing, unless an exception in s 9(2) applies. Ensure the inspector meets independence and professional indemnity requirements (s 9(3)).
• Provide an energy efficiency rating statement to prospective buyers before contract, and obtain the buyer’s written certification of receipt (s 23(1)-(2)). Ensure any advertisement includes the energy efficiency rating (s 22).
• For asbestos: include any current asbestos assessment reports, or provide asbestos advice where no current report exists (s 9(1)(i)-(j)); liaise with an asbestos assessor under the Dangerous Substances Act 2004.
• Make the required documents available for inspection at all reasonable times when offers may be made (s 10(1)). If any documents are missing, document the “reasonable steps” taken to obtain them; rely only sparingly on the s 9(2)(d) exception.
• Include the statutory contract conditions listed in s 11, or accept the implied inclusion if omitted (s 11(4)). Ensure contracts for units before registration include the limited implied warranties that reformer statutes impose (s 11(3) and notes).
• If dealing with off-the-plan contracts, state sunset events and dates expressly, prepare for potential delay events, and ensure any contractual rescission provision is used only in accordance with Part 2A: give 28 days’ written notice (s 19C) and either secure buyers’ written consent or apply to the Supreme Court (s 19B-19D).
• Keep documentary evidence of compliance and provide lawyer‑certificates where buyer waivers or shortening of cooling-off are involved; ensure your lawyer is not also acting for the buyer where required (s 17).

Buyers (individuals and corporations)

• Inspect all required documents and retain copies (s 10). For units in retirement villages, request later required documents early if needed (s 10A(3)).
• Note cooling-off entitlements (s 12); if electing to waive the cooling-off period, obtain independent legal advice and ensure the lawyer signs the certificate that complies with s 17, and provide that certificate to the seller (s 13, s 17).
• Certify receipt of the energy efficiency rating statement on receiving it (s 23(2)).
• If you rely on building or pest reports, preserve the reports and, where a report is false or negligently prepared causing loss, consider a claim under s 19 against the preparer.
• Budget for possible reimbursement to the seller of the first building and pest inspection report costs on completion (s 18).

Agents and auctioneers

• Create and maintain bidders records in compliance with s 25, including bidder numbers and proof of identity details; retain for three years (s 25(3)).
• Sight, verify and record proof of identity before entering names as self-bidders or principals (s 26(1)-(2)). Record any written authority for someone bidding for a principal (s 26(2)).
• Maintain strict confidentiality of bidders records and use them only for auction-related purposes (s 27).
• Require bidders to display bidder numbers and audibly acknowledge bidder numbers when taking bids (s 28).
• Ensure auction conditions are displayed for at least 30 minutes before the auction begins (s 32(1)).
• Avoid engaging in or permitting dummy bidding (s 29); where a seller bid is permitted ensure the auctioneer orally declares conditions and the bid is audibly identified as a seller bid upon making it (s 30).

Lawyers and advisers

• When providing a certificate under s 17, confirm independence from seller representation and ensure certificates meet the informational requirements: specify parties and property, indicate whether the certificate is for shortening or waiving the cooling-off period and confirm advice was given (s 17(a)-(e)).
• Advise sellers and buyers about the strict liability exposure in many offences and ensure that sellers document reasonable steps to obtain records and inspectors comply with independence rules (s 9(3)).
• For off-the-plan matters, advise clients that automatic contractual sunsets may not achieve rescission; plan for notice (s 19C) and court application (s 19D) where delay events are material.

Inspectors, report preparers and professionals

• Ensure independence from sellers and their close associates (s 9(3)(a)).
• Hold and maintain any professional indemnity insurance required by regulation (s 9(3)(b)) and document the insurance cover.
• Be aware you may be liable to a buyer for compensation if your report is false or prepared without reasonable skill and care (s 19). Maintain records, professional standards, and clear engagement terms.

Developers and off-the-plan vendors

• Clearly define sunset events and sunset dates in off-the-plan contracts (s 19A). Include delay events and understand what the contract states about how to treat them.
• Where a rescission provision is to be relied upon, obtain buyers’ written consent after the 28-day notice under s 19C or seek a Supreme Court order under s 19D, paying attention to the s 19D list of factors the Court must consider.
• Maintain contemporaneous records showing steps taken to avoid or mitigate delay events, and evidence of actions to preserve the viability of the development, to support any application for rescission.

Regulatory and ministerial interface

• Monitor regulations made under s 40 for obligations (including professional insurance thresholds, approved forms, or additional offences or standards).
• Where the Minister has discretion (s 9A), maintain communication with the relevant Ministerial office for determinations about eligible impacted properties in asbestos buyback contexts.

Overall, compliance is documentary, procedural and professional: document every step, secure independent professional advice and insurance coverage where required, and align contract drafting to the statutory conditions and the off-the-plan approval pathways.